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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Construction Law for Louisiana on
Q: A signed a contingency contract with 2 different contractors to do repairs after hurricane IDA . Will both be binding?

Does the first signed contract negate the second. Are will I be held to both ? What are my rights to cancel in Louisiana ?

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 6, 2021

More information to properly answer this question is needed and most likely a proper answer can only be provided if one were to review both contracts. If this the situation where the same parties wrote up 1 contract and then agreed to write up a 2nd contract? Or is the property owner party to... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Do I need an attorney for a cash sale of land in the state of Louisiana?

Can I use the Cash Act of Sale form on uslegalforms site

Jacob Rennick
Jacob Rennick answered on Sep 24, 2021

You do not need an attorney, however, it is highly advisable to employ an experienced title attorney to ensure that your sale does not have a clouded title. The cost of hiring an experienced attorney now can save you a lot of money later if you end up in litigation down the road based on an... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My sibling is primary on our residential mortgage. What options do I have if I want to sell but he doesn't?
Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 19, 2021

You can always see your interest in the property but as you might guess, it is usually difficult to find a buyer for something he may not be able to do anything without the co-owner's consent. It is also possible you can try to force a judicial sale of the property and if you decide to go... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I've been trying to purchase a piece of property in town, buyer is thinking about backing out.

I've been trying to purchase a piece of property in town for going on 7 months now. We have had extension after extension because of some title work. Come to find out the seller isnt the sole owner of the property. The other owner is tempted not to sell to us and wants to sell the property to... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 18, 2021

If you want a lawsuit to make the owner(s) sell the property, then I do not think a suit for specific performance is going to get you there unless you have all of the owners sign the purchase agreement or you can prove that the owner who did sign the purchase agreement had authority to sell the... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Am I required to provide a purchase agreement as the seller of our home?

Hi, my husband and I are selling our home by owner. We have someone who verbally made us an offer on the house. Im unsure if im required to draw up a purchase agreement or if thats supposed to be his obligation. Also, if I can pay a real estate attorney to do the purchase agreement if so? Neither... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

At some point in time something is going to have to be drawn up and signed, most likely called the Act of Cash sale. Who is preparing that? Before the act of cash sale, most times the parties have a purchase agreement prepared and signed so that the parties have in writing the details of the... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can an elderly person donate property to another person?

Grandmother wants to give 50% of house to grandson.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 11, 2021

As long as the donor is of sound mind, the donor should be able to donate his/her interest to whomever he/she wants----since you are discuss a house, which I interpret to mean real property, there are rules on how to donate real property, which if not followed, may nullify the donation----so, I... Read more »

2 Answers | Asked in Intellectual Property and Real Estate Law for Louisiana on
Q: We have a donation of property that is being revoked. Was presented to us as a legal document by a notary. Now the donee

Wants to revoke saying the witnesses were not present. Her attorney wants us to sign a stipulation saying we agree it’s not valid. We don’t want to sign because this doc has cost us thousands of dollars and would like recourse. We do have a court date...question is can we not sign and let... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 13, 2021

If you have a court date, then a lawsuit has been filed. You indicate that "...this doc has costs us thousands of dollars and would like recourse." You need to immediately consult with an attorney or 2, and then hopefully hire one to represent you. Good luck.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: How do you get a birth or death certificate when you don't know either date?

Uncle died and we were dividing things up until we found out he sold a piece to his son who died shortly there after. I don't know the sons birth or death date, just his name.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

I am assuming that would be your cousin. First you can look for an obituary on line. Second you can contact vital records.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My ex wife had a inheritance account she spent money out of a d wants half of the money she spent back? Is that legal

Live in Louisiana. She spent money out of her account through your marriage on a variety of things. Food, house note, etc. am I legally obligated to pay that back? And if so wouldn’t that open her account up as community property

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2021

Your attorney should be able to argue that daily expenditure was a gift. But for any major expenditure, like a home remodel or car, she would be entitled to a reimbursement if she has the bank statement, invoice, or cancelled check to prove it.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Louisiana on
Q: Can you put up land for collateral if you own the majority of it, and another sibling owns a small percentage?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: built home on sister's land at her request pd by me now 5 years later she wants it moved

I paid for everything building materials, permits, deposits the only thing my name is not on is the lot. She's never wanted any money because I do all of the things her husband won't.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 17, 2021

OMG you built your sister a house!

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1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How do I withdraw funds from the registry of Orleans Parish court? I need to do this as soon as possibly

I'm not sure how much nor the status of the case. I received a message that it was in there. My siblings had the heir's property partitioned sometime last year. I'm sure it isn't much and would like to withdraw it on my own if possible are there special forms that I need to use... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 9, 2021

Depending on the status, you want to have an Order signed by the Judge stating that you are entitled to withdraw/receive those funds from the registry. Depending on the status and amount, it might be best to have a lawyer represent you and accomplish this.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My cousin is gifting me some land In Mississippi. The land is in her husband name and he’s no longer living.

The land is in the husbands estate and she lives in Louisiana. What needs to be done to get this transferred. She has two kids too.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

When land transfers and a deceased person is involved, my usual answer is to hire a probate/succession lawyer to consult and possibly hire-----you want to make sure the transfer is correctly done and thus the reason you should have legal counsel. Add in the additional factor of the land being out... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: Lease agreement states 60 days notice must be given, tenant only gave 10, do we have any recourse to enforce the lease?

The original year lease was extended to month to month awhile ago. However, the original lease does state under the Automatic Renewal Section the following:

This lease shall be renewed automatically for one-month periods beginning on the first day of each month thereafter MAY 1st, 2020,... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Mar 28, 2021

You need to pay for a review of the contract by an attorney and bring the entire lease. The 60 day notice provision, if accurately represented, is "valid" because parties may contract on any matter not prohibited by law. Your question is unclear on how you think you can recover 60 days... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Louisiana on
Q: I was at mom’s. She called cops and said someone broke into her house. I have a key.

Cops told me she will press charges tomorrow if anything broken or damaged. She doesn’t even live there. She illegally evicted me 10 days ago. Never served an eviction notice. She gifted me her home, got pissed at the world one day, told the cops that she allowed me to stay there while she was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

If you don't have an act of sale, then she has not gifted the property to you.

1 Answer | Asked in Foreclosure and Real Estate Law for Louisiana on
Q: I need a attorney to help me with this mortgage company, who has harassed me and my family from March 2020 - March 2021.

They evicted us during the cares act protection. They forced us to move in a home with no roof and no heat with four children 4 year old boy with ADHD and a hearing problem, 7 year old girl who was distraught and cried, a 14-year-old who also had a very rough time with this and a 17 year old who... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2021

Your only chance of saving your property is if you retain an experienced LA mortgage foreclosure defense and bankruptcy attorney. Unfortunately, there is no basis to file a lawsuit against the mortgage company based on your stated facts. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY... Read more »

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